STATE OF KERALA Vs. NEW DHOLARU STEAMSHIPS LTD

JUDGEMENT

(1.) The question in this appeal depends upon what is the true reading of the 3rd clause of Para.6 of Art.3 in the Schedule of the Carriage of Goods by Sea Act, Central Act, XXVI of 1925, (hereinafter referred to as the Act) and is whether, when on the date of suit more than one year has elapsed from the date of departure from the port of delivery of the ship which carried he contracted goods but not from the last date of actual delivery of a portion of them the consignee has a subsisting right to claim compensation for short delivery.

(2.) Para.6 of the aforesaid Article reads as follows:

(3.) The suit out of which this appeal arises, was filed on 7-4-1962 by the appellant, the State of Kerala, against a shipping company, the New Dholaru Steamships Ltd., for damages for short delivery of 10 and odd tons of M. S. Rods valued at Rs. 7,600 and odd. The goods were shipped at Calcutta on board "S. S. Jayalakshmi" under 2 bills of lading for delivery at Cochin. The ship arrived at Cochin on 7-7-1960 and left that port on 12-7-1960. Except 10 and odd tons covered by the suit the rest of the goods was delivered by the defendant to the plaintiff on several dates, the last of which was 28-7-1961. The suit was resisted by the defendant on various grounds one of which based on Para.6(3) of the aforesaid Article was that the plaintiff had no subsisting enforceable right to claim compensation. Issues 4 and 5 raised in the suit related to it and they were heard preliminarily and disposed of. The decision of both the trial and lower appellate courts on them was against the plaintiff.